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NY 814750




October 10, 1995

CLA-2-90:R:N4:114 814750

CATEGORY: CLASSIFICATION

TARIFF NOS.: 9013.8060, 8541.40.2000

Mr. Hiroshi Kasahara
Optical Communication Products, Inc.
9736 Eton Avenue
Chatsworth, California 91311

RE: The tariff classification of Laser Diode Modules and Laser Diodes from Japan

Dear Mr. Kasahara:

In your letter dated September 6, 1995 you requested a tariff classification ruling.

The products that will be imported are the FOL1402PAx laser diode module, the FOL1371MB, MF, RA, and Yx laser diode modules, and the FOL1371 Y3 and Y4 laser diodes.

The FOL1402PAx laser diode module is designed to be used in an erbium-doped fiber amplifier (EDFA). In the EDFA, the FOL1402PAx works as a light source at the wavelength of 1480nm. The laser diode module consists of the laser diode, an aspherical lens, a spherical lens and various other components. In your letter you state that the lenses are essential to the operation of the FOL1402PAx and that the module will not work if the optical elements are removed. The lenses collimate and focus the light onto the core of the fiber. The lenses are referred to as selfoc lenses and are composed of glass.

The FOL1371 laser diode modules are designed for use in optical digital data transmission. The FOL1371 laser diode modules consist of the laser diode chips and collimation lenses which are either spherical or aspherical, and various other components.

The FOL1371MF, MB, and RA contain lenses which are essential to the operation of these laser diode modules. The lenses collimate and focus the light into the core of the fiber. The lenses are selfoc lenses composed of glass.

The FOL1371Y3 and Y4 will be imported as laser diode modules containing selfoc collimating lenses. The FOL1371Y3 and Y4 will
also be imported as laser diode chips called TO lasers. The TO lasers will not contain optical elements in their condition as imported. After importation, the customer will assemble the optical elements to the laser diode externally.

The applicable subheading for the laser diode modules containing selfoc lenses, models FOL1402PAx, FOL1371MB, MF, RA, and Y3, Y4 (when assembled into modules containing selfoc lenses) will be 9013.80.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for other optical appliances and instruments, not specified or included elsewhere in this chapter, other. The rate of duty will be 8.1 percent ad valorem.

The applicable subheading for the laser diode (TO laser), model FOL1371Y3 and Y4 (imported without the selfoc lenses or any other optical elements) will be 8541.40.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for light-emitting diodes. The rate of duty will be 1.6 percent ad valorem.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Barbara Kiefer at 212-466-5685.

Sincerely,

Roger J. Silvestri
Director

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